Sec. 6. (a) A property owner who is not a public official or public employee may send to the lienholder a notice requiring the lienholder to commence suit on the common law lien. The notice to commence suit must be made by first class mail to the lienholder at the address given in the lienholder’s statement filed under section 5 of this chapter.

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Terms Used In Indiana Code 32-28-13-6

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • common law lien: means a lien against real or personal property that is not:

    Indiana Code 32-28-13-1

  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • property owner: means the owner of record of real or personal property. See Indiana Code 32-28-13-2
  • public employee: means an individual who is an employee in the executive, judicial, or legislative branch of:

    Indiana Code 32-28-13-1.5

  • public official: means an individual who holds office or formerly held office at any time during the preceding four (4) years in the executive, judicial, or legislative branch of:

    Indiana Code 32-28-13-3

     (b) If the lienholder fails to commence suit within thirty (30) days after the postmark date of the notice to commence suit received by the lienholder, the common law lien is void. To release the common law lien from the real or personal property, the property owner must comply with the requirements of section 7 of this chapter.

     (c) The lienholder shall notify the county recorder in writing of:

(1) the lienholder’s commencement of a suit; or

(2) the lienholder’s intention not to commence suit.

[Pre-2002 Recodification Citation: 32-8-39-4.]

As added by P.L.2-2002, SEC.13. Amended by P.L.191-2015, SEC.8.

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